APPEAL DISMISSED

Evening Post, Volume CXI, Issue 95, 23 April 1931, Page 13

APPEAL DISMISSED

COMMISSION CASE

An appeal from a Magistrate's decision in a commission case was brought' in, the Supreme Court yesterday by Fanny Archibald, widow, and Robert Leslie Archibald; merchant, trustees of the estate of the late' T. R. Archibald, of Wellington. The appeal was dismissed by Mr. Justice MacGregor. , Sir. E. E. Harding appeared for the appellants, and Mr. W. Heine for the: re-j spondent, James Russell Simpson, commission agent and business consultant. The respondent (plaintiff in the Court below) was authorised to undertake the liquidation of the business of M'Lean and Archibald ou a basis of 5 per cont ; commission on realisations. He was instrumental in selling the stock of washing machines to A. and T. Burt, Ltd., for £2967, and also secured an offer from another firm for the- entire hardware stock at 13s in the ,£. R. L. Archibald then made an offer for. the stock at the same figure. The balance of the stock was eventually purchased by a company, of which R. L. Archibald was'the governing director. The respondent received two amounts of £50 each shortly after the sale of the washing machines; The appellants admitted liability for commission in respect of thai sale, but disputed liability in .connection with the .balance of the stock. The Magistrate gave judgment for Simpson for £25.7, including £48 paid into Court as the balance of commission owing on the sale tp A. and T. Burt, but disallowed commission (£43) on electric stock, fittings, and a truck. After hearing Mr. Harding, his Honour said that the main facts' were fairly clear. He saw no reason to quarrel with the Magistrate's findings, and if.ho had heard the case in the first place it was. quite likely he would have come to the same conclusion.